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Patna High Court

Neelam DeviversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The writ application is dismissed as withdrawn.

Summary

Neelam Devi, the Pramukh of Patna Sadar Block Panchayat Samiti, filed a writ petition challenging a requisition and subsequent notice calling for a special meeting to consider a no‑confidence motion against her. She contended that the requisition was not presented as required by Section 44(3)(i) of the Bihar Panchayat Raj Act, 2006 and that the notice was issued before the statutory 15‑day period had elapsed, rendering both illegal. The petitioner sought certiorari, mandamus and an interim stay, as well as a declaration of the procedural requirements. During the hearing, the petitioner informed the court that she wished to withdraw the application because the relief sought had become infructuous. The court accordingly dismissed the writ application as withdrawn, without addressing the substantive issues.

Issues considered

  • Whether the requisition filed by elected members complied with the procedural requirements of Section 44(3)(i) of the Bihar Panchayat Raj Act, 2006
  • Whether the notice dated 07‑03‑2026 and the special meeting scheduled for 14‑03‑2026 were illegal for being issued before the expiry of the 15‑day period prescribed by the Act
  • Whether the petitioner was entitled to writs of certiorari, mandamus, and an interim stay to quash the requisition and notice

Legislation cited

Subjects

  • Writ petition
  • Certiorari
  • Mandamus
  • Interim stay
  • No‑confidence motion
  • Panchayat Raj Act
  • Procedural validity
  • Withdrawal of application

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.5320 of 2026
     ======================================================
     Neelam Devi Wife of Naresh Chandra, Resident of Fatehganjpur, PO
     Sabalpur, PS Nadi, District Patna, Bihar 800009, Presently Pramukh, Patna
     Sadar block Panchayat samiti, District Patna.

                                                                ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through Principal Secretary, Panchayati Raj Department,
     Government of Bihar, Patna.
2.   The Principal Secretary, Panchayati Raj Department, Government of Bihar,
     Patna.
3.   State Election Commission, Bihar, Patna through its Secretary, State
     Election Commission, Sone Bhawan, Veer Chand Patel Path, Patna.
4.   District Magistrate-cum-District Election Officer (Panchayat), Patna.
5.   Sub-Divisional Officer, Patna, District Patna.
6.   Block Development Officer, Patna Sadar-cum-Executive Officer, Patna
     Sadar Block Block Panchayat Samiti, District Patna.
7.   Maya Devi, Wife of Paras Nath, presently UP Pramukh, Patna Sadar Block
     Panchayat samiti, District Patna.
8.   Vidya Prasad, Son of Prabhunath Rai, presently member from territorial
     constituency no. 1, Patna Sadar Block Panchayat samiti, District Patna.
9.   Chandan Kumar, Son of Dharam Raj Rai, presently member from territorial
     constituency no. 2, Patna Sadar Block Panchayat samiti, District Patna.
10. Satya Narayan Chaudhary, Son of Shyam Babu Chaudhary, presently
    member from territorial constituency no. 10, Patna Sadar Block Panchayat
    samiti, District Patna.
11. Urmila Devi, wife of Krishna Pandit, presently member from territorial
    constituency no. 11, Patna Sadar Block Panchayat samiti, District Patna.
12. Chandni Devi, wife of Deepak Kumar, presently member from territorial
    constituency no. 12, Patna Sadar Block Panchayat samiti, District Patna.
13. Lallan Kumar Singh, Son of Ramashish Singh, presently member from
    territorial constituency no. 13, Patna Sadar Block Panchayat samiti, District
    Patna.
14. Amarjeet Kumar, Son of Late Rampravesh Singh, presently member from
    territorial constituency no. 14, Patna Sadar Block Panchayat samiti, District
    Patna.
15. Kailash Prasad, Son of Laldev Prasad, presently member from territorial
    constituency no. 15, Patna Sadar Block Panchayat samiti, District Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :   Mr. Gaurang Darshan Dixit, Advocate
                                Mr. Parijat Saurav, Advocate
         Patna High Court CWJC No.5320 of 2026(2) dt.23-04-2026
                                                     2/4




                 For the Respondent/s    :       Mr. Standing Counsel (21)
                                                 Mr. Ravi Ranjan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   23-04-2026                   Heard learned counsel for the parties.

                               2. The petitioner has filed the instant application for

                   the following relief(s):

                                             “i. For issuance of an appropriate writ in
                                 the nature of CERTIORARI, for quashing the
                                 requisition dated NIL which was submitted by five
                                 elected members of the Block Panchayat Samiti, Patna
                                 Sadar in the office of the Respondent No. 6 in which a
                                 request has been made to convene the special meeting
                                 of the Block Panchayat Samiti, Patna Sadar to consider
                                 the NO CONFIDENCE MOTION against the petitioner
                                 on the ground that neither said requisition is a legal
                                 and valid requisition in the eye of law nor other
                                 mandatory      statutory     requirements   of   provisions
                                 contained under Subsection 3 (i) of section 44 of the
                                 Bihar Panchayat Raj Act, 2006(herein after to be
                                 referred as the Act, 2006) has been followed in as much
                                 as statute stipulates for presentation of such requisition
                                 before the Pramukh with a copy to the executive officer,
                                 the said requisition submitted directly in the office of
                                 Respondent No. 6 without presenting it before the
                                 petitioner in compliance of the procedure prescribed
                                 under Sub-Section 3(i) of section 44 of the Gram
                                 Panchayat Act hence same is illegal and fit to be
                                 rejected.
                                             ii. For issuance of an appropriate writ in the
                                 nature of CERTIORARI, for quashing the notice
Patna High Court CWJC No.5320 of 2026(2) dt.23-04-2026
                                             3/4




                        contained in letter no. 749 dated 07-03-2026 issued
                        under the authority of Respondent No. 6 whereby and
                        where under all the elected members of the Block
                        Panchayat Samiti, Patna Sadar were informed that
                        special     meeting        for   consideration   of     NO
                        CONFIDENCE MOTION as against the writ petitioner,
                        will be held on 14-03-2026, on the ground that neither
                        the said illegal requisition can be acted upon nor such
                        requisition can be acted upon by the elected members
                        prior to expiry of statutory period of 15 days of receipt
                        of said requisition to the concerned Pramukh.
                                    iii. For issuance of an appropriate writ in
                        the nature of ad-interim stay as against the notice
                        dated 07-03-2026 as also proposed special meeting
                        dated 14-03-2026 on the ground that both the notice as
                        also the consequent meeting is illegal in the eyes of law
                        and thus no validity can be assigned to same.
                                    iv. For issuance of an appropriate writ in the
                        nature of Mandamus or any other similar writ of
                        similar    nature,     commanding     and   directing   the
                        Respondent authorities not to act on illegal requisition
                        and the notice dated 07-03-2026 on the ground that the
                        said requisition has been filed within statutory ban of 2
                        years which is not allowed and additionally the date of
                        special meeting has been fixed prior to lapse of 15 days
                        period which is being given to the Pramukh under the
                        scheme of the Act, 2006.
                                    v. For a declaration that if statute prescribes
                        a particular act to be done in a particular manner it
                        should be done in that manner alone or not at all and
                        any other mode is not only necessarily prohibited but
                        also constitute illegality.
            Patna High Court CWJC No.5320 of 2026(2) dt.23-04-2026
                                                        4/4




                                                vi. For issuance of any other appropriate
                                    writ/writs, order/orders, direction/directions for which
                                    the writ petitioner is entitled under the facts and
                                    circumstances of the case.”
                                  3. Learned counsel for the petitioner prays for

                      withdrawal of the instant application in view of the prayer made

                      herein having become infructuous.

                                  4. In view of the above, the writ application is

                      dismissed as withdrawn.



                                                 (Partha Sarthy, J)
Saurabh/-

U


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